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The Journal of Structured Finance

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Securitization Provisions of the Dodd-Frank Act

Lois L. Weinroth and Richard L. Fried
The Journal of Structured Finance Fall 2010, 16 (3) 38-43; DOI: https://doi.org/10.3905/jsf.2010.16.3.038
Lois L. Weinroth
is a partner in the Structured Finance Practice Group of Stroock & Stroock & Lavan LLP in New York, NY.
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  • For correspondence: lweinroth@stroock.com
Richard L. Fried
is a partner in the Structured Finance Practice Group of Stroock & Stroock & Lavan LLP in New York, NY.
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  • For correspondence: rfried@stroock.com
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Abstract

Certain of the provisions of the the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 will significantly affect the securitization industry. In general, the securitization provisions in the Act: (1) define asset-backed security; (2) provide for credit risk retention (i.e., the proverbial “skin in the game”) by securitizers and/or originators with certain exceptions, including for issuances backed by qualified residential mortgages; and (3) provide for disclosures and reporting for asset-backed securities. Certain of the provisions became effective upon enactment of the Act. The remainder will not become effective until after rule making by applicable federal banking agencies, the SEC and other regulatory authorities. Although directions and considerations are provided in the Act with respect to such rule making, the full import and impact of the Act will not be known for some time.

TOPICS: Legal and regulatory issues for structured finance, legal/regulatory/public policy

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The Journal of Structured Finance: 16 (3)
The Journal of Structured Finance
Vol. 16, Issue 3
Fall 2010
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Securitization Provisions of the Dodd-Frank Act
Lois L. Weinroth, Richard L. Fried
The Journal of Structured Finance Oct 2010, 16 (3) 38-43; DOI: 10.3905/jsf.2010.16.3.038

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Securitization Provisions of the Dodd-Frank Act
Lois L. Weinroth, Richard L. Fried
The Journal of Structured Finance Oct 2010, 16 (3) 38-43; DOI: 10.3905/jsf.2010.16.3.038
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  • Article
    • Abstract
    • DEFINITION OF ASSET-BACKED SECURITY
    • CREDIT RISK RETENTION
    • REPORTING AND DISCLOSURES FOR ASSET-BACKED SECURITIES
    • DUE DILIGENCE ANALYSIS AND DISCLOSURE
    • REQUIRED STUDY OF MACROECONOMIC EFFECTS
    • REPEAL OF RULE 436(G)
    • CONCLUSION
    • ENDNOTE
    • REFERENCE
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